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Licensing Agreement

LICENSE AGREEMENT

By installing any 8Dio product you accept the following product license agreement:

1. License Grant:

The license for this product is granted only to a single user. You may use this product on up to two (2) separate computers, which computers shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licensed, but not sold, to you by 8Dio, Inc. for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. 8Dio allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to 8Dio, Inc.

This license is nontransferable and expressly forbids resale or lease of the product.

This license also expressly forbids any inclusion of content contained within this library, or any other 8Dio library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis.

2. Rights/Watermarking Policy:

The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 8Dio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specifically granted herein are reserved by 8Dio.

Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle 8Dio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by 8Dio which identifies the products, its owner and the terms and conditions for its use. Please note that the product has been imbedded with a digital watermark specific to the serial number you have been given for this product. If the product ends up in other people’s music, you will be held legally responsible, so we ask you to keep this product for yourself. You further agree to take all reasonable steps to protect this product from unauthorized copying or use.

3. Refunds:

All sales are final and your purchase is not refundable, so please choose your selection carefully.

4. Limited Warranty/Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 8DIO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER 8DIO, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

5. Term:

This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7.

6. NFR (Not for Resale)/EDU (Educational) Sales:

All 8Dio libraries are subject to the terms of this license agreement, unless specified otherwise. NFR and EDU copies are exempt from update or upgrades or additional discounts, sales or coupons. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities and must not be used for commercial purposes. Please note that not all products are available for our EDU Sales program.

7. General Terms:

(a). This license shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Los Angeles County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.

(b) You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.

(c) You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.